REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP (2006) Here is a case that should not have been filed (entire text of opinion below) and was argued improperly. The homeowners clearly lost because they put their eggs in the wrong basket. Nonetheless, the opinion is a pretty good compilation of the various statutes, rules and […]

Tags: 1039 (10th Cir. 2006), 1110 (10th Cir. 1991), 1112 (10th Cir. 1991);, 12 C.F.R. § 226.1(a), 12 C.F.R. § 226.23(a)(3, 1244 (10th Cir. 2006)., 15 U.S.C. § 1635(b), 1565 (10th Cir. 1991)., 2005 WL 106792 at *1-*3 (N. D. Cal., 2005)., 207 F.3d 458, 438 F.3d 1036, 442 F.3d 1239, 462 (8th Cir. 2000), 935 F.2d 1106, 948 F.2d 1562, Affidavit of Fraudulent Recording of Discharge of Mortgage, Akin & Robb, AMERICAN MORTGAGE SPECIALISTS, CAROL R. ROSEN, certificate, CIV-06-0427 JH/LAM., Cleveland, Colonial Savings, Dickason, Discharge of Mortgage, discovery, EQUIFIRST CORP, Fed R. Civ. P. 12(b)(6), Fed. R. Civ. P. 10(c)., Frances Kenny Family Trust v. World Sav. Bank FSB, Hall v. Bellmon, Hearing, HERS, Homecomings Financial, HUD 1/Settlement Statement, Inc., Inc. v. Am. Cas. Co. of Reading, Jan. 19, JUDITH HERRERA, Karla Poe, Kimberly Smith Rivera, McGlinchey Staford, merits, Miller v. Glanz, Moore v. Guthrie, MOTION TO DISMISS, N.M.S.A. §§ 57-12-1, New Mexico, New Mexico Unfair Practices Act, Obligation, Oh, Ownership interest, P.A., P.C., PA, Park Univ. Enter., Pleading, PLLC, Prospectus, Real Estate Settlement Procedures Act, Regulation Z, RESPA, Rhodes & Salmon, Rodey, Sloan, TILA, trustee, Truth in Lending Act, U.S. Bank National Association, United States v. Any & All Radio Station Transmission Equip., William C. Salmon
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The case follows on the dismissal of numerous foreclosure cases in which judges across the U.S. have found that the materials banks had submitted to support their claims were wrong. Faulty bank paperwork has been an issue in foreclosure proceedings since the housing crisis took hold a few years ago. It is often difficult to […]

Tags: AMIR EFRATI, CARRICK MOLLENKAMP, civil fines, cloud on title, creditor, criminal violations, defective title, Docx LLC, fabricated, foreclosure mills, forged documentation, fraudulent foreclosures, HERS, J.P. Morgan Chase & Co, Kersch, licenses, Linda Tirelli, LPS, Michelle Kersch, unmarketable title, Wall Street Journal
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

AHMSI (American Home Mortgage Servicing Inc) purchased substantially all of Option One Mortgage about two years ago. AHMSI is owned by the texas billionaire Wilbur Ross. A number of Option One’s loans are now serviced by SPS, Select Portfolio Servicing, formerly Fairbanks Capital, which changed their name following DOJ sanctions and a 48 million dollar […]

Tags: 48 million dollar fine, AHMSI, American Home Mortgage Servicing Inc, DOJ sanctions, Fairbanks Capital, HERS, Option One Mortgage, Sandhills mortgage or financial, Select Portfolio Servicing, SPS, Wells Fargo, Wilbur Ross
Posted in bubble, Corruption, Eviction, securities fraud, Servicer |

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP SHOW ME THE BOND!: 9th CIRCUIT AFFIRMS BACKDOOR REQUIREMENT FOR ENHANCED “CREDITOR” DISCLOSURE REQUIREMENTS IN CHAPTER 13 PLAN: SEE chapter 13 debtorsHerrera Monroy opinion 09-1175 (9th Cir BAP 01 05 2010) Among the things we will cover at the May workshop on Motion Practice and Discovery, are […]

Tags: actual Payor or obligor on the Bond, argument, conditional non-recourse conveyance of the borrower's note, conditional non-recourse payment of interest, conditional non-recourse payment of principal, DISCOVERY AND MOTION PRACTICE, elements in establishing a "lost instrument, expert declaration, forensic analysis, HERS, request to produce the minute books, securitized, show me the BOND, trustee's records and actual copies of the certificates, unregistered securities
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

From Eric Mesi MERs has a manual and I included some of it below regarding foreclosures. But who would know if their manual is correct? Of course they will write it to protect their selves. Section 2: (a) If a Member chooses to conduct foreclosures in the name of Mortgage Electronic Registration Systems, Inc., the […]

Tags: endorsed in blank, foreclosure, HERS, Inc., Investor, Member’s MERS Certifying Officer, MERS, MERS certifying officers, MERS Manual, MERS Members, MERS standard reports, MERS® System, Mortgage Electronic registration Systems, note, possession, security instrument
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

Analyzed and Presented by Charles Koppa, MORTGAGE AUTOPSIES There are 131 pages within links at the bottom for Maiden Lane Disclosures (a year later).  They give ONLY NAMES of nearly 800 underlying Securities Trusts with NO NAMES/LINKS to the original Grantors in the Deed of Trust for underlying “toxic mortgages” which attach real estate collateral that allowed securitization for each CUSIP.  That information remains in […]

Tags: Assign, audit trail, Back to Beneficiary process, Bona Fide Purchaser (BFP, Borrowers Loan Default, Creditor/Depositor's Security Trust Account, DATE OF AUCTION, discovery, final Beneficial Trust, Grantors in the Deed of Trust, HERS, HOLDER, Maiden Lane Disclosures, MERS, NOD, NOTS, Securities Trusts, sub-trust, Substitution of Trustee, TDOS, third party bond servicer, third party loan servicer, transfer of wealth, triggers, Trustees Auction, Trustees Deed Upon Sale (TDOS), unlawful Trustees, unlawful Trustees Deed Upon Sale (TDOS), untitled transfer
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

In the NY Fed disclosure of the TARP payments, they show various certificates that were tendered for cash. In Maiden Lane I, it shows the CDS’s for 11 certificates from the WFHET_05-2, mostly M8 but also an M9 and M7 certificate. Some of the values show a positive amount (8,200,000, i.e) and some show negative […]

Tags: Bear-Stearns counterparty, disclosure, HERS, M7, M8, M9, Maiden Lane I, NY Fed, TARP payments, WFHET_05-2
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: Put simply this crisis will still be ongoing in 20 years. When you add the student loans that were securitized and which were “non-dischargable” in bankruptcy because of the government guarantee of the “risk” (which never existed because the risk was sold before the loan was ever funded, hence the guarantee should not […]

Tags: Alana Semuels, Arthur C. Nelson, bankruptcy, Christopher Leinberger, D.R. Horton, derivative, ghost towns, government guarantee, Hemet, Housing crisis, L.A. Times, McMansions, non-dischargable, risk, securitized pools, student loans, suburban communities, University of Utah, Willowalk
Posted in bubble, Corruption, Eviction, expert witness, securities fraud |

So here is the deal. MERS allows anyone with a password and user ID to sign papers for them whether they are authorized or not. That policy continues but they now want people to complete “certification” to act as authorized signing officer. Keep in mind that once a person has gained entry to the system […]

Tags: authorized signing officer, foreclosure defense, MERS, policy bulletin NUmber 2010-1
Posted in bubble, Corruption, Eviction, securities fraud |

See the thing about the arrogance of these non-bank and bank financial institutions is they are rushing to get under the wire before the truth is revealed: they are not the creditor and they never were. Send your debt validation letters and don’t let them sue without filing a motion to dismiss the same as […]

Tags: bailout, credit cards, disclosure, Federal reserve, fraud, Lender Liability, mortgage meltdown, pretender lender, securitization
Posted in bubble, Corruption, securities fraud |